Here’s one that’s not a land use case, but since it involves procedural due process, is one that you land-usey types might find worthwhile.
Minton v. Quintal, No. SCWC-11-0000317 (Dec. 13, 2013) involved a claim by two stagehands at Honolulu’s Neil S. Blaisdell Center, owned and operated by the City and County of
…or at least an appeal from a contested case.
The Hawaii Supreme Court has issued its latest opinion in the apparently eternal metaphysical question of the circuit courts’ appellate jurisdiction to review decisions under the Hawaii Administrative Procedures Act, Haw. Rev. Stat. § 91-14 of state and county agencies acting in their quasi-judicial capacities.
As
The Urban Lawyer, the law review produced by the ABA Section of State & Local Goverment Law has published my article Recent Developments in Regulatory Takings, 45 Urban Lawyer 769 (2013).
Here’s the Introduction to the article:
THE SUPREME COURT’S 2012 TERM promised to be a banner year in regulatory takings law, with
Here’s the State of Hawaii’s Motion to Affirm, filed earlier today. This brief responds to the Jurisdictional Statement, filed two months ago in the case now pending in the U.S. Supreme Court which challenges the 2012 Hawaii Reapportionment Plan. The State has hired some very big gun Supreme Court litigators (at who knows
In Stueve Bros. Farms, LLC v. United States, No. 21013-5012 (Dec. 11, 2013), the Federal Circuit concluded that the government is not liable for a physical invasion taking when a dam enlargement project raised the maximum flood line on the plaintiff’s land by 10 feet, because there has yet to be an actual physical
Homes. Tiny homes. Things have come full circle. Because according to this report from The Day, New London’s daily paper (“Take the steps to pursue Fort Trumbull dreams“), the city’s mayor, in order to remove the “stain” of the l’affiare Kelo, has proposed a “tiny house neighborhood” on the leftover
Last we checked in, the California Supreme Court had agreed to review the Court of Appeal’s decision in California Building Industry Ass’n v. City of San Jose (6th District June 6, 2013), which held that under rational basis review (and not heightend scrutiny) the city of San Jose’s “inclusionary housing” ordinance might survive challenge because
Be sure to check out this interview with a person we’re proud to call a friend and a colleague, Gideon Kanner, in the most recent edition of Right of Way magazine, a publication of the International Right of Way Association.
“A Fierce Advocate for Just Compensation” is a sitdown with Professor Kanner, and covers a lot of ground, so to speak. The entire piece is worth reading, but here’s what a colleague pointed out as perhaps the best part:
If you represent a property owner in an eminent domain case, particularly an inverse condemnation one, you must understand that your client is persona non grata or the law’s “poor relation,” as U.S. Supreme Court Chief Justice William Rehnquist once said. The California Supreme Court once stated in an opinion that it was its duty to keep condemnation awards down, which is a hell of a hurdle to overcome when your task is to persuade the Justices that your client was undercompensated by the court below. So in those not-so-good ol’ days of the 1960s, when I walked into court, I had my job cut out for me. Sometimes, the hostility emanating from the bench was palpable. As Alex Kozinski, Chief Judge of the U.S. Court of Appeals for the 9th Circuit once noted, what property owners in this field often get from the bench is “thinly-disguised contempt.” This is not a line of work for the faint of heart.
One of the hottest issues in Hawaii at the moment is agriculture. From the spreading county restrictions on GMO crops and pesticides, to water issues, to estate planning, the issues impacting farmers, ranchers, and owners of Ag land are growing.
On January 8 and 9, 2014, the Seminar Group is putting on what we hope
Here’s our one-sentence take on a variety of stories that we’ve been reading lately: